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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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BC penalty charges probably **WON** with compound interest**


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OK. They submitted a defence and we've got our copy. It's full of denials that they did any wrong. Should I post an edited copy here, or is that not allowed whilst the case is ongoing ?

 

I have to admit that a lot of it went above my head when I first read it, but I now realise I should have had our POC to hand to see what number point they were disputing and why. If I post their defence I would also have to post our PC otherwise nobody else will make any sense of it either...

 

I'm not bothered that they've denied everything, that's their defence of course. From what's been said here and in other threads, it's more a case now of getting a court date and wait for BC to contact us with an offer... :-)

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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remove all names barcodes etc

 

see my natwest thread to see how I did it

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Hi Hillards,

 

We don't need to see the BC defence.

 

Get to work on amassing your court bundle (evidence) for submission when required.

 

:-)

We could do with some help from you

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We don't need to see the BC defence.

That's what I thought, not having seen any others. Bundle being prepared already, awaiting info from court on next move.

 

There could do to be a sticky somewhere to go over claims like this step by step, explaining what needs to be done at what stage. Also dealing with claims for time/effort as Litigant In Person ? Even if it's only a loose guide, explaining at what stage you can add in such things ?

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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As a precaution, some posts above are being removed until a review is carried out.

 

We normally recommend that one refuses to accept Confidentiality being imposed, but this is entirely a personal decision.

 

The reason we recommend that payment is received before a case is discontinued is that banks have been slow to pay in the past, once the pressure of the court process is removed.

 

:-)

We could do with some help from you

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                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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  • 2 weeks later...

Just to finish this thread, I understand that Hillards can't say any more about how this ended. However, Hillards seemed very happy a few days ago.

 

With Barclays cases, it tends to go quiet because they have agreed to settle a case paying the full amount claimed including compound interest, but the claimant has agreed to confidentiality.

 

So it may be that Hillard's claim has been settled in full but, because of confidentiality, they cannot speak further about it ..................

 

:-)

We could do with some help from you

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                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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